Last Updated: 11/12/2025
These are the terms and conditions on which we supply products to you. Please read these terms carefully before placing an order via this site.
These terms tell you what you need to know about purchasing products from us. We may make changes to these Terms and Conditions of Sale without notice by posting the new terms on this Site (https://freakathlete.ca/). The terms and conditions posted on the Site at the time you place your order will govern that purchase.
TABLE OF CONTENTS
- WHO ARE WE AND HOW TO CONTACT US
- BY USING THIS SITE YOU ACCEPT THESE TERMS
- OTHER TERMS THAT MAY APPLY TO YOU
- PERSONAL INFORMATION AND PRIVACY
- PLACING AN ORDER
- PRICING AND SHIPPING FEES
- PAYMENTS
- PRODUCTS
- WITHDRAWAL POLICY
- RETURN POLICY
- DELIVER
- WARRANTY
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- WHEN WE CAN END THE CONTRACT WITH YOU
- GOVERNING LAW AND JURISDICTION
- AMENDMENT TO THE TERMS
- SEVERABILITY CLAUSE
- CONTACT INFORMATION
- PRIVACY OFFICER
1. WHO ARE WE AND HOW TO CONTACT US
The web shop provided on the website (the Site) is operated by Freak Athlete Ltd. (hereinafter referred to as “we”, “us”, “our” or “Freak Athlete”). The company’s registered office is located at 3900 Confederation Parkway, Unit 3603, Mississauga, Ontario, L5B0M3, Canada. You can contact us at support@freakathlete.ca
2. BY USING THIS SITE YOU ACCEPT THESE TERMS
These Terms and Conditions (“Terms”) govern the relationship between Freak Athlete Ltd. and customers in the sale of physical goods (“Products”) by Freak Athlete Ltd. through the Site.
Freak Athlete Ltd. requires that you read the Terms before using the services offered on the Site.
By setting up a customer account or placing an order on the Site you agree to the Terms.
If you do not agree to the Terms, you may not use the services offered on our Site. We recommend that you print a copy of these terms for future reference.
3. OTHER TERMS THAT MAY APPLY TO YOU
These Terms refer to the following additional terms:
4. PERSONAL INFORMATION AND PRIVACY
4.1 Collection and Use of Personal Information: We collect and use personal information necessary for the purposes of processing your order, delivering products, and providing customer service. This may include your name, contact details, payment information, and shipping address.
4.2 Consent: By placing an order, you consent to the collection, use, and disclosure of your personal information as described in these Terms and our Privacy Policy. You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice.
4.3 Protection of Personal Information: We implement appropriate security measures to protect your personal information against unauthorized access, disclosure, alteration, and destruction.
4.4 Cross-border Data Transfers: Your personal information may be transferred to and processed in countries outside of Canada. We ensure that appropriate safeguards are in place to protect your information in compliance with PIPEDA.
4.5 Access and Correction: You have the right to access and correct your personal information. To do so, please contact us at support@freakathlete.ca
4.6 For more information on how we handle your personal information, please refer to our Privacy Policy. Our Privacy Policy further explains how we collect, use, disclose, and protect your personal information in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and other applicable privacy laws. By using our Site and services, you agree to the terms of our Privacy Policy.
5. PLACING AN ORDER
The presentation of the Products in the online shop does not constitute a legally binding offer, but only an invitation to place an order.
By clicking on the button to checkout you place a binding order for the Products listed on the order page. Please check your order carefully before placing it. Your order is an offer to us to buy the Products in your basket. After you place an order, we send you an order confirmation email, stating we have received your order. Your purchase contract is concluded when we accept your order by sending you an order confirmation by email to confirm we have accepted the order.
To order Products from the Site you must be at least 18 years old and be authorized to use the payment method which you use to pay for the Products you order. If you are under 18, you may place an order only with involvement of a parent or guardian.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing, shipping address or IP address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, distributors or high risk customers as identified by our fraud filters.
We further may reject orders, for example, because a Product is unexpectedly out of stock, because you are located outside our delivery areas, as stated on our website or because the Product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
6. PRICING AND SHIPPING FEES
The prices of Products are stated on the website. The product prices displayed on the website are inclusive of value added tax (HST/GST). Also note that the HST/GST rate may vary depending on the country you are ordering from. If the rate of HST/GST changes between your order date and the date we supply the Product, we may adjust the rate of HST/GST that you pay, unless you have already paid in full before the change in rate of HST/GST takes effect.
In addition to the stated prices, we may charge shipping fees for delivery. These may vary depending on the destination, weight and/or value of the product and/or any promotional offers. Shipping costs are clearly indicated at checkout.
7. PAYMENTS
Payment for Products must be made in full at the time of the order placement, unless otherwise agreed on. We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
- Klarna
- Sofort
- iDeal
- Google Pay
- Apple Pay
- AfterPay
You agree to provide current, complete, and accurate order and account information for all orders made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order when you checkout. We reserve the right to correct any errors or mistakes in pricing on https://freakathlete.ca/ at any time without notice. Changes will not affect orders for which we have already sent an invoice confirmation.
8. PRODUCTS
We make every effort to display as accurately as possible the colours, features, specifications, and details of the Products. However, the pictures of our Products are for illustrative purposes only and a Product’s true colour may not exactly match that shown on your device or its packaging may be slightly different.
If a product does not meet your expectations, please refer to our Returns and Refunds Policy for information on how to request a return or refund.
If we are making or supplying customized product you are responsible for making sure any information provided is correct and complies with posted requirements.
9. WITHDRAWAL POLICY
YOUR RIGHT TO WITHDRAW
For most products bought online, you have a legal right to change your mind about your order within 14 days without giving any reason, unless a longer period is explicitly specified, and receive a refund of what you paid for the products. This is subject to some conditions, as set out below.
The withdrawal period begins on the day on which you or a third party named by you, who is not the carrier, have taken possession.
To exercise your right to withdraw, you must inform us by means of a clear statement (e.g. email to support@freakathlete.ca or by returning the Products), of your decision to withdraw from this contract. You can also use the attached sample withdrawal form, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right to withdraw or the Products before the expiry of the withdrawal period to us.
The following Products are excluded from withdrawal:
- Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- Products that are made to your specifications or are clearly personalised;
- Products which become mixed inseparably with other items after their delivery;
- Orders with a processed warranty claim.
- Worn/used apparel.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from our contract, we shall reimburse to you all payments received from you (with the exception of the outbound shipping cost), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse to refund you until we have received the Products back or until you have provided proof that you have returned the Products, whichever is the earliest.
We reduce your refund if you have used or damaged a Product. If you handle the Product in a way which would not be acceptable to re-sell, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the Product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing.
You must return or hand over the Products to us immediately and in any case within 14 days at the latest, unless a longer withdrawal period has been explicitly agreed, from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of 14 days has expired, unless a longer withdrawal period has been explicitly agreed.
The cost of returning the product (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind is at your own cost unless we offered free returns when you bought the product. Please see the return policy section of the Terms for details on how and where to return the products.
10. RETURN POLICY
For information on returns, please refer to our instructions at https://freakathlete.ca/policies/refund-policy
11. DELIVERY
We will endeavor to deliver the Products to you within the indicated timeframe. However, delivery dates are estimates only and are not guaranteed.
If Products are out of stock then we will let you know by email. If you order more than one Product, we do not guarantee that all Products will be delivered to you in one delivery, and we reserve the right to deliver in multiple consignments.
If our supply of your Product is delayed due to an event outside of our control, we will notify you as soon as possible, stating a new delivery date. As long as we do this, we will not compensate you for the delay but if the delay is substantial you can contact us to end the contract with us and receive a refund for any Products you have paid for. Events outside of our control include events such as strikes, lockouts or other industrial events, civil unrest, invasions, terrorist attacks or threats, war or preparations for war, fire, explosion, storm, flood, earthquake, landslide, epidemics, pandemics or other natural disasters or failures of private or public telecommunications networks, rail transport, sea freight, air freight, carriers or other public or private transport and all other hindrances which we could not foresee and are not responsible for. If this delivery period is not acceptable for you, you are entitled to end the contract with us and receive a refund for any Products you have paid for but not received. Our liability for delayed delivery shall be limited in accordance with clause 13.
Risk of loss and damage to the Products passes to the customer upon delivery. However, Freak Athlete Ltd. retains ownership of the Products until full payment has been received from you.
12. WARRANTY
Your statutory warranty rights shall apply. Our liability for damages is limited in accordance with clause 13.
If we grant special guarantees, the statutory warranty rights remain unaffected by this.
Complaints based on statutory warranty claims can be made by sending an email to support@freakathlete.ca
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it is unlawful to do so. This includes liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.
- fraudulent non-disclosure of defects and the assumption of a guarantee of quality.
- breach of your legal rights in relation to the Products.
We are responsible for losses you suffer caused by us breaking this contract unless the loss is:
-
Unexpected. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable because it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it for example if you use any products other than for the purposes for which such product is intended to be used or for a special purpose that was not communicated to us at the time you bought the product from us.
-
Caused by a delaying event outside our control. As long as we have taken the steps set out in section 10 where delivery is delayed for a reason outside of our control.
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Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
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A business loss. The loss relates to your use of a product for the purposes of your trade, business, craft or profession.
14. WHEN WE CAN END THE CONTRACT WITH YOU
We can end our contract with you for a product and claim any compensation due to us if:
- you do not make any payment to us when it’s due and you still don’t make payment within 30 days of our reminding you that payment is due.
- You do not, within a reasonable time, either allow us to deliver the product to you or collect it from us.
15. GOVERNING LAW AND JURISDICTION
In the event of legal disputes, the laws of Canada shall apply. The applicability of the UN Convention of Contracts for the International Sale of Goods shall be excluded..
You may bring any dispute which may arise under these Terms to either the competent court of Ontario, Canada, or to the competent court of your country of habitual residence. Freak Athlete Ltd. shall bring any dispute which may arise under these Terms to the foregoing competent court.
16. AMENDMENT TO THE TERMS
For every purchase at the Site, the current Terms apply.
We may make changes or modifications to the Terms if there is a valid reason, in particular the implementation of legal changes, other legal requirements or other important reasons.
We will alert make you aware of any changes by updating the “Last updated” date at the beginning of these Terms.
Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
17. SEVERABILITY CLAUSE
Should one or more provisions of these Terms be invalid, the remaining provisions shall remain unaffected.
18. CONTACT INFORMATION
Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call or email us at support@freakathlete.co or contact us at 312 West 2nd Street, 2454, Casper, WY, 82601, US.
19.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Freak Athlete (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy [Insert URL Link to your Privacy Policy] (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Freak Athlete Canada and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@freakathlete.ca. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Toronto, Ontario before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Freak Athlete Canada’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
